Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Signatory of cheque arrayed as accused and is also the person in charge - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lok Adalat award - Execution - Lok Adalat award concerning criminal case u/s 138 of the Act is executable by Civil Court in case of default committed by Judgment Debtor...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Proceedings initiated u/s 138 of the Act are quasi criminal in nature and the object and purpose of the provision is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.223) - Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of an offence punishable u/s 138 of N.I Act based on a complaint filed u/s 200 Cr.P.C (S.223 BNSS) - After a complaint is filed Magistrate is duty-bound..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and fingerprint expert - Comparison of relevant writings/signatures on cheque - Disputed cheque though signed by petitioner No.2 but was misused by one `G' - Application dismissed by trial Court on the ground that petitioner No.2 admitted signatures on..........
